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HomeMy WebLinkAbout9/21/1983 - MINUTES CITY OF PALM SPRINGS CITY COUNCIL MINUTES September 21, 1983 A Regular Meeting of the City Council was called to order by Mayor Bogert, in the Council Chamber, 3200 Tahquitz-McCallum Way, on Wednesday, September 21, 1983, at 7:30 p.m. ROLL CALL: Present: Councilmembers Doyle, Foster, Maryanov, Smith and Mayor Bogert Absent: None COMMUNITY REDEVELOPMENT AGENCY: Mayor declared the meeting adjourned for the purpose of convening as the Community Redevelop- ment Agency; after which, members reconvened as the City Council . APPROVAL OF MINUTES: It was moved by Doyle, seconded by Maryanov and unanimously carried that the minutes of September 7 and 13, 1983 be approved subject to correction that the motion in Item 28, September 7, 1983 be reflected to show that it was seconded by Bogert rather than seconded by Foster. PUBLIC HEARINGS: 1. GPA LAND USE ELEMENT AMENDMENT - RACQUET CLUB ROAD AND 2. Z/C 5.0264 - TROUPE-BIGELOW Director of Community Development reported recommenda- tions of the Planning Commission regarding Land Use Element for area on Racquet Club Road and application for "Zone change, stating that any amendment to the General Plan would need to be taken prior to action on the application for the Zone change. He stated that (101 & the Planning Commission recommends approving amendment 149) to the General Plan Land Use Element, Tramway Area, to designate property on Racquet Club Road between Palm Canyon and Zanjero Road as General Commercial; and to approve a Planned Development District in lieu of a change of zone requested from RGA(6) to C-1 for .8 acres on the north side of Racquet Club Road in said area, noting that two commercial projects have been built in this area in the last two years both under Planned Development District process; that alternative solution would be to provide contract or conditional zoning. He stated that the basis of such a contract or conditional zoning has been worked out with the appli- cant and was presented at the last study session, in his supplemental report of this date, which included recommendations which were believed to be reasonable in order to recommend the actual zone change. He reviewed the Ordinance in detail outlining the specific condi- tions. Mayor declared the hearing open. Allen Perrier, Attorney representing the appellant, stated that since the requirements for a parcel map to combine the two lots into one is a request of the City, the appellant would prefer that the City prepare the actual map, however, the appellant was also prepared to accept whatever decision the Council made in that regard; that he believed a seventh condition could be added relating to the fact that if the property owner were to convert the existing structure to a commercial use, the sidewalk and bicycle paths should not be extended northerly from the front of the existing n Council Minutes 9-21-83 Page 2 1. & 2. GPA LAND USE (Continued) structure and the owner would reserve the property northerly from the front of the existing structure from the dedication for a period of ten years, agreeing that if the existing structure is used commercially, the sidewalk should extend northerly to the front of the structure and if the existing structure is removed, the dedication would be a subject for the full 44 feet, that reservation would apply only to the existing structure and would only be for a period of ten years. He stated that the Ordinance would encompass the agreement with the property owner. In answer to question by Council , City Attorney stated that it was his understanding there had been discussion at some point concerning preparation of the parcel map at City expense, however, his understanding is that only the filing fee would be waived and that the owner would prepare the map at her expense. He noted the Zoning Ordinance language is not precise and it could be construed that the City would file the map. Mr. Perrier stated that as an alternative to the parcel map process, there should be sufficient ingenuity to develop a document that would forestall the need for a map, in particular, covenants and conditions including dedication requirements. Dana Bigelow, 360 W. Racquet Club Road, applicant, spoke in support of the Zone change and stated her , willingness to accept whatever decision Council deemed appropriate. Charles Spataro, Racquet Club Road, stated that he owns •. the property next to the subject property and suggested that the natural boundary for the commercial zoning would be the church property adjacent to his property. He stated that the pressures concerning the dedication for the right-of-way for Racquet Club Road included statements that the property would be commercial if owned by WESTAR or other people, and that he desired to know what his position was in this matter; that his property has been vacant because of the proximity to the shopping center and adversely impacted by it; and that he was told that the zoning issue included his property and would be dealt with in a lump manner and that he simply needed to wait. He questioned at one point it .would be appropriate for him to request commercial zoning. There being no further appearances, Mayor declared the hearing closed. In answer to question by Council , Director of Community Development stated that the General Plan Amendment would cover the Spataro and church property and further consideration of commercial zoning could be uliven upon application. He stated that, in this instance, the properties are separately owned and there might be some problem with substandard lot sizes, however, Mr. Spataro would be able to file the zoning application. In answer to question by Council , City Attorney stated that in accordance with State law, the General Plan Map and the Zoning Map must be consistent, and any amend- ment to the General Plan Land Use Element would require a reasonable time frame in which zoning changes would Council Minutes 9-21-83 Page 3 1. & 2. GPA LAND USE (Continued) follow suit; and that the request for the zone change could be accomplished by either the City or the property owner. Director of Community Development again reviewed each of the conditions enumerated in the Ordinance providing clarification in some instances; in particular, that condition #2 regarding filing of the parcel map includes wording from the State Map Act, and that filing and recordation with the County is what is referred to as to be done by the City, however, appli- cant will have to do the engineering and the preparation of the map. City Attorney stated that it would be possible to accomplish the same effect as having the two lots used as one parcel through the use of covenants and condi- tions, however, there is the potential of creating future problems for the property owner; that the parcel map would be a neater approach; that use of covenants and conditions would not conform to Section 9404.022 of the City Zoning Ordinance, however, such language is no longer required by State law. Comment by Councilmember Doyle indicated that he favored the parcel map approach as a cleaner and more direct method which would preclude creating problems down the line. Director of Community Development noted that the parcel map would be the point at which dedication of rights- of-way would be made and the recommendation and condi- tion #3 would indicate that acceptance would be made when the property is 'put into a commercial use. He stated that he did ' not believe it was within the purview of the City to prepare the map and there is no benefit incurred to the City and it could be construed as a gift of public funds, which is' inappropriate. In answer to question by Council , Mr. Perrier stated that letter of agreement will be entered into based on whatever decision is made by the City Council . Councilmember Foster stated concern about the condi- tions and the deal specified; that when the property is sold a new owner will not know all of these conditions; that perhaps the suggestion made by the Planning Com- mission would be cleaner and a better way to approach the situation; that the application to this C-1 will not conform with other commercial property. ' Councilmember Smith stated that the main issue is that if the property were sold as commercial , assuming that the Council is desirous of granting commercial zoning, that it would be better to have the controlled zoning and all conditions , spelled out in advance; that the Planned Development District process "can' create ' a problem for someone buying the property, in ' that such person would not know what conditions might be imposed until having gone through the Planned Development District process, and he recognized the difficulty of trying to sell the property without knowing those con- ditions in advance.' :i;3'l1 Council Minutes 9-21-83 Page 4 1. & 2. GPA LAND USE (Continued) In answer to question by Council , Director of Community Development stated that regarding Mr. :Spataro' s property, although it would be a nonconforming lot CONT' D size, it would simply be a situation in which Mr. (101 & Spataro would have to provide plans that would accom- 149) modate that particular situation; and that such is not the case with the Bigelow property. In answer to question by Council , Mr. Perrier and Mrs. Bigelow concurred that they understood all of the con- ditions spelled out in the Ordinance, and that they were agreeable to those should that be the decision of the Council . Councilmember Foster stated that as the result; of dis- cussions, he concurred that the use of the Ordinance to spell out the conditions and covenants to be entered into would be appropriate. City Clerk read title of Ordinance as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFOR- NIA, AMENDING THE ZONING MAP BY REZONING CERTAIN PROPERTIES IN SECTION 3. It was moved by Smith, seconded by Maryanov and unani- mously carried that further reading be waived; that the Ordinance be introduced for first reading; and that upon adoption of the Ordinance, it be recorded with the County Recorder. (see last 3. ZTA 5.0272 - LANDaUSE PERMIT PROCESS Recommendation: That the Council approve amendment the Zoning Text to establish a land use permit process for various problem uses, which could be used in any zone city-wide. Director of Community Development reviewed his report dated September 21, 1983. In response to question raised at the last study (103) session, City Attorney stated that language has been revised relative to appeal, and read same, a copy of which is on file in the office of the City Clerk. Mayor declared the hearing open, there being no appearances, the hearing was closed. City Clerk read title of the Ordinance as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTION 9402.01 TO THE ZONING ORDINANCE, FOR A LAND USE PERMIT PROCESS APPLICABLE CITY-WIDE. It was moved by Doyle, seconded by Foster and unani- mously carried, that further reading be waived and the ordinance be introduced for first reading. 4. ZTA 5.0284 - RECYCLING COLLECTION CENTERS Recommendation: That the Council amend the Zoning Text to allow recycling collection centers in various com- mercial and industrial zones under new land use permit process. (103) Director of Community Development reviewed his report, dated September 21, 1983, noting that the recycling Council Minutes 9-21-83 Page 5 4. ZTA 5.0284 (Continued) center would be permitted in conjunction with the land use permit process and that the consideration of the amendment stems from an application for such a center. Mayor declared the hearing open, there being no CONT'D (103) appearances, the hearing was closed. Councilman Foster noted that as the result of discus- sion at the last study session, the City has complete control over these type of uses and any conditions which might arise as to site appearance or maintenance ' can be removed without a drawn out process. City Clerk read title of the ordinance as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING ORDINANCE TO ALLOW RECYCLING COLLECTION CENTERS IN VARIOUS COMMERCIAL AND INDUSTRIAL ZONES CITY-WIDE. It was moved by Foster, seconded by Doyle and unani- mously carried that further reading be waived and the ordinance be introduced for first reading. 5. GENERAL PLAN STREET PLAN AMENDMENTS - ANDREAS & AMADO ROADS Recommendation: That the Council approve amendments to the General Plan Street Plan to delete Andreas Road as a secondary thoroughfare, between Palm Canyon and Belardo; and adopt a specific plan for Amado Road, ' between said streets. Councilman Doyle stated that since he has a conflict (101 ) of interest regarding Andreas Road, and would abstain from discussion on that aspect of the amendment, but would participate regarding Amado Road. Andreas Road: Director of Community Development reviewed his report _ dated September 21, 1J83, noting that the proposal to consider deletion of this portion of Andreas Road from the General Plan Street Plan was tabled by the City Council, in 1981, until such time as a more detailed traffic analysis could be made and precise plans filed with the City. He stated that those situations have occurred, specifically traffic studies made in this regard, i.e. the Thanksgiving weekend of 1982, during which time, Andreas Road was closed and an analysis made of the volumes in that area; as well as reports prepared which indicate volumes are low and that the designation of a secondary thoroughfare is not war- ranted and supports the Planning Commission's recom- mendation as originally made in 1981. Mayor declared the hearing open regarding Andreas Road. Francis Crocker stated that Tahquitz-McCallum and Andreas Road serve as access to the Desert Museum, and the closure of Andreas Road would be negating the ' attraction that the Museum has and the ability to access it, for which he did not believe there was any justification. Council Minutes 9-21--83 Page 6 5. GENERAL PLAN AMENDMENTS (Continued) Earl Strebe, 1350 Tachevah, stated agreement with Mr. Crocker, stating that this matter had been tabled by the Council in 1981; that he was not prepared to bring facts forward at this time, why Andreas Road should remain open; that Andreas and Tahquitz are of about the same width west of Palm Canyon; that he could not conceive of how Tahquitz and Amado, alone, could handle the traffic if Andreas were to be closed; that he felt there was considerable congestion when Andreas was closed last year; and that he is strongly opposed to the closure of Andreas Road and will take whatever steps he can to preclude that from happening. In answer to question by Council , City Manager stated that the issue in 1981 was the same as the issue before the Council today, i .e. , amendment to the General Plan to delete Andreas Road as a secondary thoroughfare; that such action provides for future action concerning street vacation, but does not execute that. at this time; and that the hearing is not for the purpose of considering closure of the road. Walter Marks stated that without Andreas Road there would not be any Desert Museum in the first pllace; that at the time the Museum was developed, it was important to have the street called Museum Drive to help circula- tion; that the Museum anticipates an even greater participation in its programs, and that endowment funds are now available to the Museum; and that he did not see how buildings could be allowed to increase two- '1 times their size and four times the parking require- ments,and yet remove a public street in the center of the project. Lilly Graves, 367 S. Patencio Road, representing Desert Peoples United, stated that the members of the Board and Association have opposed the closing of Andreas Road, noting that it is now difficult to enter the Desert Fashion Plaza parking lot because of people trying to get into it on Tahquitz-McCallum; and that this congestion will be increased when four times the parking need is generated by the proposed project, and if Andreas Road is closed. Lyle Dambbman, 588 Mel , stated that the schedule for the DeBartolo project which he has calls for a hearing to close Andreas Road; that the Thanksgiving weekend is not the busiest weekend in the downtown area and perhaps not appropriate against which to measure the ; impact of Andreas Road; that many people use Andreas Road and Belardo Road to bypass the central downtown area; that he considered this as a hearing on the closure of the street; and that the change for Amado Road is necessitated by reason of the manner in which the hotel development can incur in terms of building setbacks. Hank Daly, Sheraton-Oasis Hotel , spoke in favor of the deletion, stating that he believed it is absolutely essential to have the DeBartolo project, and observed that without the closure of Andreas Road, the project , will not fly; and his opinion that the Museum is not being cutoff. ' Council Minutes 9-21-83 Page 7 5. GENERAL PLAN AMENDMENTS (Continued) Mrs. Gottesmann, Up Your Alley retailer, stated that she believed competition to be a healthy situation, and that anyone desiring to get to the Museum will do so, as in other large metropolitan areas. Don Brown, Chamber of Commerce, stated that the Economic Development Committee of the Chamber has studied the project for a long time; that it is a key element in addressing the economic tug-of-war with other down-valley communities and to preserve the economic viability of the community; that closure of _ the street may be a sacrifice that will have to be made; and that the plan calls for a change in Amado Road, which will improve the access greatly to the area to the west. Jim Stewart, hotelier, also spoke in favor of the recommendation, stating that the DeBartolo project is a must for the City; that the City's economic viability is at stake, and that unless the downtown is made to be more viable, businesses will continue to go elsewhere; and that Citizens United has been on record in favor of the project and whatever is needed to make it go through. There being no further appearances, the hearing on Andreas Road portion was closed. Amado Road: Mayor inquired if anyone wished to be heard concerning Amado Road; there were no appearances and the hearing was closed. Mayor stated that a lot of ideas have been generated which will help the Desert Museum and the project will be more beneficial than harmful to the Museum, noting that the parking and green open space in front of the Museum will be designed in such a manner as to attract people to the Museum. He urged that persons not familiar with the project or its concept, review the plans which are available. Councilmember Maryanov stated that he would like to see Andreas Road remain open, but there are traffic problems and other more serious problems to be considered; that if not resolved, a deterioration of the downtown area could hurt the Museum more than simply the closure of the street; that he was not aware of anyone else willing to put this amount of money downtown in the scope that it is willing to do so; that he believed the project overall will be good for the community, and if it becomes necessary to close the street to get the project being offered, then it is a step that will have to be taken; that he believed it more important to have a vital downtown and one that people are not afraid to visit; that the community need not worry about traffic congestion if something is not done to enhance the downtown and bring about its revitalization; and that the Council , staff and the DeBartolo representatives have reacted and acted on behalf of the Museum. Council Minutes 9-21--83 Page 8 5. GENERAL PLAN AMENDMENTS (Continued) Mr. Mark noted that the Desert Museum Board has voted to oppose closure of the street. Councilman Smith observed the incongruity in stating that one is for the project, but opposed to closure of the street; that traffic studies have been prepared and CONT'D were done under guidance and request of the City; that (1011 ) he has some doubts about the project as a land planner, but he felt that it was clear there would not be a project unless movement is made in this direction; that although the Council 's action is to amend the General Plan to delete the designation as a secondary thorough- fare, it should not be misleading to anyone that when the time comes and the street must be closed„ then he, too, would vote in favor of that. Councilman Foster concurred with Mr. Maryanov, stating that the City has done its share of supporting the Desert Museum through purchase of the former site; that if the downtown area is not vital , then the Museum will suffer as well as merchants; that the desirable alternative would be to move Andreas further, north in order to 'line up with its counterpart east of Palm Canyon Drive, however, that is not a possibility; that once Amado and Belardo are realigned, the traffic flow will be smoother, and the three-way intersection presently existing at Andreas and Belardo will be alleviated and permit a better flow of traffic; that, in his observations, Andreas Road is rarely used and one can easily cross north to south without much concern for traffic; that the project provides terraced parking, underground parking and other benefits that will add to the Museum; that the necessity of the project going ahead has been discussed at length; and that for all the reasons previously cited, he believes it is justifiable to change the designation on the General Plan and to later call for its closure. Resolution 14715 amending the General Plan concerning Andreas Road designation deleting same as a secondary thoroughfare, and Resolution 14716 adopting specific plan for Amado Road, were presented; after which, it was moved by Maryanov, seconded by Foster, and unanimously carried, Doyle abstaining, that Resolution 14715 be adopted; and it was moved by Doyle„ seconded by Maryanov, and unanimously carried, that Resolution 14716 be adopted. PUBLIC COMMENTS a) Norman Davis, 2752 Jacaranda Road, addressed the Council concerning the condition of Barona Road south of Jacaranda Road to Morongo Road. He presented photo- graphs which he felt demonstrated the lack of mainte- (1315) nance of the street and potential liability for the City, noting that at one point the street is almost 12 feet wide, and that the property owners to the south have improved the street and should not be subjected to having to travel across this hazardous area. o:era Council Minutes 9-21-83 Page 9 PUBLIC COMMENTS (Continued) In answer to question by Council , City Manager stated that possible new development along the west side of Barona Road in this general vicinity would not affect the area referred to by Mr. Davis; that the City' s normal policy is to encourage formation of assessment districts by property owners for improvement of resi- dential streets, which have failed to come to fruition in this particular area via attempts over the last few years, and that efforts are being made to gather data that would perhaps reduce the cost of the improvement and thereby result in the assessment. b) Don Brown, Chamber of Commerce, stated that a letter has been submitted from the Chamber regarding tour buses; that the tour bus operators, locally and in other areas, are selling tours to encourage people to come to Palm Springs, particularly in conjunction with the Olympics; that the 30-day extension previously granted by the Council was not sufficient time in which to make an assessment as to the impact of the tour buses on residential areas; that he believed there should be a 6-month study relating to need for street regulations and the impact of that on visitors to the community; that people desire to see "homes of the stars" for a variety of personal reasons; and that the Chamber would like to work with the City Traffic Engineering Department to come up with an equitable regulation. c) Robert Bertrand, Chino Road, stated that the large tour buses frequently traversed his portion of the area and caused the street to crack and fall apart, noting that the buses often have only a few people on them; that he did not object to small buses; that the street is 12 to 14 feet in width and is substandard in terms of improvement as well ; that he appreciated the emphasis on tourism and its importance to Palm Springs, and he would personally like to see access to all of the homes, however, in some instances turning points are critical and difficult to maneuver; and urged that the Council not vote on this matter at this time. d) Dick Crane, Regional Manager of Grey Lines and Avis Rent-a-Car, stated that there are no records of acci- dents in terms of tour buses in the Little Tuscany area; that the footprint of the buses is no greater than the type of vehicle being proposed to be per- mitted; that homes of celebrities are of interest to people and are desired as tour destinations; that he believed it would be a policing problem for the City in terms of out-of-town operators who would ignore the signs, and the impact would be to prohibit business for local operators. In answer to question by Council , Mr. Crane stated that he estimated six to seven buses are housed here to conduct tours originating from out-of-town. Council Minutes 9-21-83 Page 10 PUBLIC COMMENTS (Continued) e) Ken Adams, 240 El Portal , President of Imperial Tours, stated that there would be no progress in Palm Springs had it not been for the welcoming of tourists and tourism; that, either directly or indirectly, most people owe a living to the tourist industry; that the right to privacy relates to that area within the (103) confines of the property and not whatever can be seen from the street; that a typical tour was offered and taken by members of the Chamber and City staff, partic- ularly this area, and he did not believe any objec- tions were raised; that he believed the issue of privacy was different from what was negotiated in good , faith, i .e. the safety of the buses on the street; that the number of tour trips is dependent upon the amount of activity in the community such as conventions and large conferences; that he did not believe there was a constant flow of traffic to this area; and that he believed the maximum number of buses would be perhaps a couple per day from local operators plus whatever might be coming from out-of-town. f) Gene Davidson, Roadrunner Tours, stated that to the left of the former Presley home is an area where Mr. Presley parked two large buses he used in his theatri- cal touring, and believed that if that were not a problem, then the same application could be made to the tour buses; and that the only problem he could conceive (103) would be in those circumstances where the buses are required to go around service trucks parked in the street. g) George Marantz, Palomino Road, commented regarding Item 13. He stated that it is a very restrictive tax and there are only 160 RV spaces effected, of which he owns 140; that because of the high cost of development, he did not believe it likely that additional spaces would be created in Palm Springs; that there are approxi- (140) mately 2300 spaces in the progress of development outside of the City; that the RV properties need to be better policed to preclude overnight parking of RV' s on City property; that a portion of the room tax funds going to the CVB should include a small amount to be spent toward the promotion of RV parks; that he did not object to collecting and reporting the tax; that the City should reinstall the "RV sign" installed by the State and removed by the City; and that, in his opinion, he did believe that RV parks would be built in Palm Springs. LEGISLATIVE ACTION 6. NOT USED. 7. CUB BOARD OF DIRECTORS - INCREASED MEMBERSHIP AND 8. CVB PROMOTIONAL EFFORTS , Mayor noted that several comments have been received in that task force recommendation previously presented to the Council (50) was to have been continued to October 6, based om certain statements to parties interested; after which it was moved by Maryanov, seconded by Smith and unanimously carried, that these two matters be continued to October 6, 1983. r Council Minutes 9-21-83 Page 11 9. ZTA 5.0273 - GRANNY FLATS (Intro. 9-7-83) City Clerk read title of Ordinance 1194 as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFOR- NIA, ESTABLISHING A CONDITIONAL USE PERMIT PP,OCEDURE FOR THE DEVELOPMENT OF ACCESSORY APARTMENTS (SECTION (103) 9318.00) OF THE PALM SPRINGS ZONING ORDINANCE. It was moved by Doyle, seconded by Maryanov and unani- mously carried that further reading be waived and Ordinance 1194 be adopted. 10. COMMERCIAL VEHICLE RESTRICTIONS ON CERTAIN STREETS On August 17, 1983, Council introduced Ordinance to amend the Municipal Code to prohibit commercial vehicles in excess of 10,000 pounds gross vehicle weight from using designated streets, and directed that second reading be deferred until this date. Director of Community Development stated that at the (103) end of the tour referred to by Mr. Adams of Imperial Tours, the City Engineer said that there was nothing that happened to cause him to change his opinion regarding the recommendation to prohibit certain sized vehicles on specified streets. In answer to question by Council , City Attorney stated that he did not believe this situation was of such a 1 level that it could be considered a dangerous or liable condition; that he, too, took the tour and was surprised at the ease of negotiating the vehicle on the street; that he did not see any liability problems as the situation now exists; that if the street deterior- ates further and creates a dangerous and defective condition, then a problem might occur. He noted ordi- nance in Beverly Hills, whereby it now enforces an Ordinance it has had on the books for many years ' restricting vehicle weight to 3,000 to 6,000 pounds, as a result of PUC decision to no longer grant authority to tour buses to go on certain routes in the Beverly Hills area, and that as the result thereof, the City is now in litigation. Councilman Doyle stated that he believed y privacy is a factor as well as tourism and that the request For the six month delay is reasonable, provided that there would be cooperation in gathering information to allow making a decision whether to adopt or abandon this proposal ; in which case, the problems that might ' otherwise occur would not be as great; and that the economic viability of the community relies on tourism. His motion to table this matter failed for the lack of a second. Councilman Maryanov stated that the proposal does not ban all buses, but just certain sized vehicles; that he agreed with the importance of tourism, however, believed that deferral for additional study should be considered in reverse, i .e. , if it is found that the prohibition severely impacts tourism, the provision can be repealed; and that he believed privacy was the ' important factor and the obligation to provide some protection of that. Councilman Foster stated that Palm Springs notoriety was essentially brought about in its early development Council Minutes 9-21-83 Page 12 10. COMMERCIAL VEHICLE RESTRICTIONS (Continued) by celebrities and others looking for privacy,, and that it is an element that is important to consider; that the safety factor is equally important, and the Traffic Engineer indicates that there is a problem; and that the size of the vehicle is the only limitation to the touring business per se. 11 Councilmember Smith stated that he did not see this as 003 ) an anti-trust situation, but believed there must be a balance between the operation, per se, and the hazard on a street of substandard size and condition. City Clerk read title of the Ordinance 1195 as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS„ CALIFOR- NIA, ADDING SECTION 12.56.042 TO THE PALM SPRINGS MUNICIPAL CODE RELATING TO ESTABLISHMENT OF CERTAIN COMMERCIAL VEHICLE RESTRICTIONS. It was moved by Maryanov, seconded by Foster and carried by the following vote that further reading be waived and Ordinance 1195 be adopted. AYES: Foster, Maryanov, Smith & Bogert NO: Doyle ABSENT: None 11. WASTE DISPOSAL RATE INCREASE Recommendation: That the Council grant rate increase in residential and commercial rates, per agreement 1298, in addition to increase to cover increased dump fee charges imposed by the County; approve placing services previously provided as "special services" into schedule of Collection Fee Service Rates; and request (148) audit of revenue and expenses for operation of the Edom Hill landfill site, operated by the County,. Report reviewed by Transportation Director, noting that this item had been reviewed in detail at the "last study session. Resolution 14717, approving actions as recommended, was presented; after which, it was moved by Doyle, seconded by Foster and unanimously carried, that Resolution 14717 be adopted, and that CVAG be requested to follow through on the request to the County regarding the audit. 12. RAMON/BOGIE REDEVELOPMENT (PA#4) - PROJECT AREA COMMITTEE Recommendation: That the Council determine that a PAC shall not be formed in conjunction with the above redevelopment area. 'Y Resolution 14718, making the above determination, was (124) presented; after which, it was moved by Doyle, seconded by Maryanov, and unanimously carried, Foster abstain- ing, that Resolution 14718 be adopted. 13. ROOM TAX - APPLICATION TO R.V. SPACES Recommendation: That the Council amend the Municipal Code to clarify applicability of room tax to RV spaces. (140) (Item continued from 9-7-83. ) Report reviewed by Director of Community Development. n Council Minutes 9-21-83 Page 13 13. ROOM TAX (Cortinued) �1 City Manager stated that the City staff spent a lot of time during the last season as to the best method of dealing with the "free" use of City facilities or private parking lots for RV uses, including an increased police effort starting in March/April to get CONT"D people to move off the site during the evening hours, (140) which takes a considerable amount of time and that the staff is working with the City Attorney to attempt to develop the best solution. He stated that there are times when, in connection with a City sponsored event, the use of the Pavilion area parking is permitted for participants to park RVs. In answer to question by Council , Director of Community Development stated that he was not aware of any speci- fics concerning the removal of the sign referred to by Mr. Marantz, but if it had been installed without - permit to do so, it would have been appropriate For the City staff to have removed it. Mr. Marantz stated that the sign was installed by the State and about one and one-half years ago, a City Inspector advised him to remove it, whereupon the Inspector took the sign and Mr. Marantz retained the post. He reiterated comments concerning police action regarding RV on City property for square dances, etc. City Clerk read title of the Ordinance as follows: 1 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFOR- NIA, AMENDING THE TRANSIENT OCCUPANCY TAX ORDINANCE TO CLARIFY THAT ORDINANCE'S APPLICABILITY TO TRAN- SIENT OCCUPANCY OF RECREATIONAL VEHICLE SPACES, It was moved by Foster, seconded by Smith, and unani- mously carried, that further reading be waived and the Ordinance be introduced for first reading. 14. COMMUNITY SERVICES COMMISSION - MEMBERSHIP REDUCTION Report reviewed by Director of Community Services, City Clerk read title of the Ordinance as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFOR- (60) NIA, AMENDING SECTION 2.18 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO ESTABLISHING THE NUMBER OF PERSONS APPOINTED TO THE COMMUNITY SERVICES COMMISSION. It was moved by Doyle, seconded by Maryanov, and unani- mously carried, that further reading be waived and the ' Ordinance be introduced for first reading. CONSENT AGENDA: 15. Minute Order 3294 awarding purchase of a trailer-mounted hydraulic pressure washer to Baumac International in amount (84) of $8,914.60. 16. Minute Order 3295 awarding purchase of annual rye grass seed to Cameron Chemical Co. , in amount of $28,896.80. (84) i 17. Resolution 14719 approving applications for County Community Development Economic Development Funds. (85) i4u Council Minutes 9-21-83 Page 14 CONSENT AGENDA (Continued) .s 18. Minute Order 3296 approving agreement with Children' s Home Society of California, for P.S. Youth Counseling Program, for (73) services to desert area youth, in the amount of $9,982. 19. Minute Order 3297 awarding purchase of 8 used mid-sized auto- mobiles, and 2 mid-sized station wagons to Avis Rent-a-Car in (84) amount of $66,568. J 20. Resolution 14720 approving cooperative agreement with the Co. Flood Control District and CRA re tax increment pass-through (124) for Tahquitz-Andreas project (PA#2) . 21. Resolution 14721 concurring in CRA actions this date. (124) 22. Resolution 14722 & 14723 approving Payroll Warrants & Claims (86) & Demands. It was moved by Doyle, seconded by Maryanov, and unani- mously carried, that Resolutions 14719 through 14723 and Minute Orders 3294 through 3297, be adopted, Foster and Doyle abstaining on item 20. 23. EQUESTRIAN CENTER BLEACHERS Recommendation: That the Council authorize staff to submit a bid to the City of San Diego for the purchase of bleacher seats with steel understructure, for a sum to include all transportation and labor relative to the purchase and movement of the aluminum bleachers. (109) Report reviewed by Director of Community Services, reporting that this matter had been reviewed in detail at the last study session, and that the bid authoriza- tion would be for an amount not to exceed the two-year amortization cost or a total of $19,200. It was moved by Doyle, seconded by Smith and unani- mously carried, that the staff be authorized to submit a bid in an amount not to exceed $19,200, for the purchase of the bleacher seating as recommended. 24. MULTI-YEAR GRANT AGREEMENT (FAA-PROJECT - 3-06-0181-02 PARCEL 0) Recommendation: That the Council accept multi-year grant from the FAA for the above project in the amount of $965,000 for land acquisition of parcel 0 consisting of 11.293 acres and located south of the approach end of runway 30 adjacent to Ramon Road. (51 ) Resolution 14724, accepting the grant offer, as recommended, was presented; after which, it was moved by Foster, seconded by Maryanov., and unanimously carried, that Resolution 1.4724 be adopted. ' 25. TAHQUITZ-ANDREAS COUNTY AGREEMENT RE TAX INCREMENT FUNDS City Manager noted request that the Council participate in the Redevelopment Agency's agreement with the County regarding the pass-through of tax increment funding, as the result of the Tahquitz- (124) Andreas project, and that this matter had been , previously discussed by the Council acting) as the Agency. ` Council Minutes 9-21-83 Page 15 25. TAHQUITZ-ANDREAS COUNTY AGREEMENT (Continued) Resolution 14725, approving participation in the agree- ment as recommended, was presented; after which, it was CONT'D moved by Smith, seconded by Maryanov, and unanimously (124) carried, Doyle and Foster abstaining, that Resolution ' 14725 be adopted. 26. TRACT 18087 - REVISED TTM Recommendation: That the Council approve TTM 18087 - Revised, to divide property on Bogert Trail , east of Palm Canyon Drive, into 61 single-family lots - (137) KWL/Andreas Hills, Inc. This matter was discussed at the last study session and concerns were raised regarding the handling of the wash improvements. Fred Razzar, 1350 S. Farrell Drive, stated that the flow of drainage was substantially changed as a result of the Bogert Trail Bridge; and that the Tract Plap was amended to reflect these changes; that a 100-loot open area would otherwise have been left between the two dikes and, therefore, the configuration of the map was altered and a revised map requested, including the changes relating to traffic flow; that several requests were made by City staff and the Planning Commission, including the realignment of Barona Road and rather than going around an area, it should be gone over, which was agreed to by the developer; that everything that has been requested of the developer has been agreed to, including the dedication of land for open space, the flood control channel and implementation of the horse trail , and that he did not know of anything further that could be done. Councilman Foster stated concern about the overall policy as to what will happen for the wash area, in particular, concrete lined or open; that although one project was approved, before others proceed, he would prefer establishing a policy as to how the wash should be developed, and that he sees this as critical . ` Mr. Razzar stated that he could understand these feelings, however, the plans were submitted four years a ago before the Bogert Trail Bridge was installed, nor were there any plans for a formalized channel; that the tract map is dictated by what has gone in; that certain rights-of-way had been mandated for the channel ; that a certain amount of concrete lined area is required to protect the bridge; and that they have attempted to develop the project in accordance with these dictates. Councilman Foster stated that he could understand the concrete required to protect the abutments to the bridge, however, the amount of that may have gone beyond that which was needed; and that perhaps other phases of the map could be approved in order to allow the developer to proceed. City Manager stated that as long as the applicant is agreeable to that change, Phases 2 and 3 could be deleted. City Attorney stated that an amended map would be required to do so. Mr. Razzar stated that rather than attempting to file an amended map, they would await the Council 's field tripe , I Council Minutes 9-21-83 Page 16 26. TRACT 18087 (Continued) It was moved by Doyle, seconded by Foster and unani- mously carried that this matter be continued to October CONT'D 19, 1983 in order to permit the Council to take a field (137) trip to the site. Discussion regarding the date of the field trip resulted in a time near 2 p.m. on Tuesday following. 27. COMMISSION APPOINTMENTS: P.S. Project Steering Committee: Mayor announced his appointments and moved for approval , the selection of , Joan Gattuso and Greg Mandinach to the P.S. Project (133) Steering Committee; after which, said motion was seconded by Doyle and unanimously carried. REPORTS & REQUESTS: 28. COUNCIL reports or requests - None 29. PUBLIC reports or requests - None 30. STAFF reports or requests - None ADJOURNMENT There being no further business at 10:30 p.m. , Mayor declared the meeting adjourned. 1 . GPA - RACQUET CLUB ROAD It was moved by Doyle, seconded by Maryanov, and unanimously carried, that Resolution 14714, approving amendment as recommended, by adopted. JUDITH SUMICN t Clerk